Sexual Assaults

Sexual assault is a general term, which covers a range of crimes including rape. As defined under California law, rape is non-consensual sexual intercourse that involves the use of force, violence, or immediate and unlawful bodily injury, or if the person is incapable of giving consent because he/she is incapacitated from alcohol and/or drugs, or if a mental disorder or developmental or physical disability renders the victim incapable of giving consent. To be consensual there must be "positive cooperation" and "the person must act freely and voluntarily..." (Penal Code 261.6). Whether the perpetrator is a stranger, acquaintance, or friend is irrelevant to the legal definition of rape. According to California Education Code 67385(d), sexual assault includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat of sexual assault.

A student who is charged with committing a sexual assault may be prosecuted under California criminal statutes, disciplined under the University’s student discipline procedures, and/or be the subject of a civil suit.

If you believe that you have been sexually assaulted you have several options, more than one of which may be pursued:

  • Seek counseling and/or medical attention.
  • Report to the Police and file charges.
  • Report to the Police and not file charges.
  • File a civil suit.
  • Request disciplinary sanctions, which may include alternative housing arrangements and interim suspension.
  • Obtain a restraining order.
  • Request mediation services.

Should you choose to pursue formal action through the campus disciplinary process, you as the assault survivor will have the following rights:

  • The right to a closed hearing.
  • The right to confidentiality. This protocol is developed in order to assist sexual assault survivors with treatment, counseling and referral, and is not intended as an investigative process pursuant to initiating legal or disciplinary sanctions. All personally identifiable information gathered pursuant to these protocols is confidential and may not be released without consent of the person identified by the release of information unless required by law or court order.

The Title IX Coordinator is available for support, to explain the steps involved in each of these options, and to help you choose which action is comfortable for you. A counselor of your choice will also inform you about other campus and community services, which could be of assistance. You will not be forced into any option that is not of your choice. A counselor can be reached through RSO, the Women’s Resource Center, the UCR Police Station, Counseling Center, Health Services, Ombudsman and Affirmative Action Offices, Student Life, and UCR Housing Services Offices.